Several questioned whether such a law is constitutional. Parents control – and, therefore, can be held responsible for – the actions of their minor children, wrote one commenter. “By contrast, children do not control the actions of their parents. If the parents want to spend all of their own money and not provide for their own care, they have the right to do so. That should mean that their children cannot be held responsible.”

For other commenters, the issue was far more emotional. “What if your parents abused you physically and emotionally … and you have decided to cut them out of your life,” wrote one. “It is unbelievable to me to think that someone could come after me for my parents’ bills.”

Only three states have ever tried to collect using these “filial-support laws.” Even without state intervention, the question of how much children owe for their parents’ care – and if not them, then who? – dogs anyone with aging parents.

Juggle readers, what do you think? Are adult children responsible for their parents’ end-of-life bills?

Comments (5 of 60)

With an aging population in the U.S., a lot of people are facing this issue. Financial planners can help, and some companies provide employee assistance programs that give workers free consultations and referrals for elder care services. It’s an underused resource, but here's one example of what they can offer: http://hriworld.com/WorkLife.aspx

5:29 pm June 26, 2012

Todd wrote :

And honestly - if people don't know that MEDICAID is the one who pays for nursing home care, you just run ads with the family around the table full of bills like the ad they used to stop HillaryCare. You act as if a media campaign can be used to inform voters.

You run some scary ads during Wheel of Fortune and 60 minutes and the little old ladies will fall in line.

5:27 pm June 26, 2012

Todd wrote :

I’ve read in the past that some states are collecting some of the LTC costs from elderly after they (and their spouses) die by taking possession of their homes and selling them.

After you die? I always thought they made you sell the house before MEDICAID kicked in.

5:19 pm June 26, 2012

NEGirl wrote :

Memphis, while I agree with you that something seems off about this story, one of the opening lines of the accompanying article is "In at least one of those states, Pennsylvania, nursing homes have started routinely using the law to prod families into paying their elders' bills or completing Medicaid paperwork on their behalf." So clearly in Pennsylvania, nursing homes *are* broadly pursuing claims against adult children.

I think that when it comes down to collecting dollars, nursing homes can and will start pursuing these cases far more aggressively, especially in light of this case.

4:55 pm June 26, 2012

Memphis wrote :

There’s more to this story than meets the eye. The 79 year old father is described as a “retired restaurateur.” The 42 year old son owns a restaurant. The 65 year old mother, having run up a $100,000 unpaid nursing home bill after an accident reported as the fault of the other driver, and the father flee to Greece. (After suing the first nursing home for the stroke the mother had while recovering from the auto accident.) The parents allegedly are living on only Social Security and Veteran’s benefits. The mother’s Medicaid application has not been approved, which is not exactly the same thing as being denied, but it does suggest that additional information about resources has not been provided to the State. When the son was sued for the unpaid bills, he did not attempt to have his father or his mother or his two adult siblings (who live in Greece) added to the law suit. (Although in his appeal, he says the nursing home was obligated to go after them, rather than just him.)

He also could have raised the defense that his parents are not destitute, which would have gotten him off the hook, but he didn’t. Either he has a case of malpractice against his attorney, or they couldn’t believe the law would be enforced against him and blew off the defense.

Where are the proceeds from the auto accident settlement? How did the impoverished parents manage to pay for their trip to Greece, and how are they able to afford to live there? (The mother, while “recovering from a stroke” outside of the US, is not eligible for Medicare.) Did the father transfer ownership of the restaurant to the son, which is making the mother ineligible for Medicaid? What’s going to happen to any proceeds from the lawsuit against the first nursing home?

IMO, nursing homes are not going to broadly pursue claims against the adult children of the destitute elderly because it’s difficult to get blood out of a stone. But this elderly couple is probably not destitute and will ultimately pay up if the judgment is upheld against the son.

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The Juggle examines the choices and tradeoffs people make as they juggle work and family. The site provides readers with news, insight and tips on parenting, workplace issues, commuting, caregiving and other issues busy readers with families face. It is also a place for readers to share and compare their own work-and-family experiences and to seek advice and recommendations. The Juggle is includes regular contributions from other staffers at the Journal. Contact the Juggle with ideas or suggestions at thejuggle@wsj.com